UC-NRLF 


B4&4 

igj.^  *B    S7E    D3^ 


I 


^K 


*##&Ht*******j^^ 


HOUSING  CODE 


O  F 


THE  CITY  OF  BERKELEY 

STATE    OF    CALIFORNIA 


NINETEEN  HUNDRED  AND  FIFTEEN 


IN  EFFECT,  JULY  1,  1915 


HOUSING  CODE 


O  F 


THE  CITY  OF  BERKELEY 

STATE    OF    CALIFORNIA 
NINETEEN  HUNDRED  AND   FIFTEEN 


IN  EFFECT,  JULY  1,  1915 


PRESS    OF   THE   COURIER 
BERKELEY,      CALIFORNIA 


HOUSING  CODE 

OF  THE  CITY  OF  BERKELEY 
1915 


ORDINANCE  NO.  412,  N.  S. 

An  Ordinance  to  regulate  the  erection,  construction,  use,  control, 
maintenance  and  repair  of  buildings  used  for  human  occupancy  or 
habitation,  the  number  of  occupants,  and  the  mode  and  manner  of 
occupancy,  for  the  purpose  of  securing  the  healthful,  safe  and 
sanitary  environment  of  the  occupants  thereof,  and  to  compel  the 
owners  of  such  buildings  to  alter,  reconstruct  and  modify  the 
same,  or  any  part  thereof,  for  the  purpose  aforesaid,  and  to  pro- 
hibit the  unlawful  use  or  occupancy  of  such  building  or  buildings, 
providing  penalties  for  the  violation  thereof  and  repealing  con- 
flicting ordinances. 

Be  it  ordained  by  the  Council  of  the  City  of  Berkeley  as  follows: 


CHAPTER  I. 
GENERAL  PROVISIONS. 

1.  Short  Title.     This  ordinance  shall  be  known  as  the   Housing 
Code. 

2.  Enforcement.    The  Department  of  Buildings  and  Inspections 
shall  have  supervision  over  and  shall  enforce  the  provisions  of  this 
ordinance    relative    to    the    construction,    alteration    and    repair    of 
buildings  used  for  human  habitation,  and  shall  issue  the  Certificate 
of  Conformity  required  by  section  one  hundred  eighteen  of  this  or- 
dinance.    The  Board  of  Health  is  hereby  charged  with  the  enforce- 
ment of  the  remaining  provisions  of  this  ordinance. 

3.  Records.     Each  of  said  departments  shall  keep  and  preserve, 
as  to  each  such  building,  a  complete  record  of  all  inspections,  per- 
mits and   orders   issued  pursuant  to  this   ordinance. 

4.  Definitions.    For  the  purposes  of  this  ordinance  certain  words 
and  phrases  are  defined  as  follows  :    Words  used  in  the  present  tense 
include    the    future;    words    in    the    masculine    gender    include    the 
feminine   and   neuter;   the    singular   number   includes   the   plural   and 


340909 


4  HOUSING   CODE 

the  plural  the  singular;  the  word  "person"  includes  a  corporation  as 
well  as  a  natural  person. 

(1)  Dwelling.    A  "dwelling"  is  any  house  or  building  or  portion 
thereof  which  is  occupied  in  whole  or  in  part  as  the  home,  residence 
or  sleeping  place  of  one  or  more  human  beings,  either  permanently 
or   transiently. 

(2)  Types    of   Dwellings.      For    the    purpose    of    this    ordinance 
dwellings  are  divided  into  the  following  types:  (a)  "private  dwell- 
ings," (b)  "two-family  dwellings,"  and  (c)  "multiple  dwellings." 

(a)  A  "private-dwelling"  is  a  dwelling  occupied  by  but  one 
family  alone. 

(b)     A  "two-family-dwelling"  is  a  dwelling  occupied  by  but  two 
families  alone. 

(c)  A  "multiple-dwelling"  is  a  dwelling  occupied  otherwise  than 
as  a  private-dwelling  or  two-family-dwelling. 

(3)  Types    of   Multiple-Dwellings.     All    multiple-dwellings    are 
dwellings  and  for  the  purpose  of  this  ordinance  are  divided  inco  two 
types,  viz.,   Type  A  and   Type   B. 

Type  A.  Multiple-dwellings  of  Type  A  are  dwellings  which  are 
occupied  more  or  less  permanently  for  residence  purposes  by  sev- 
eral families  and  in  which  the  rooms  are  occupied  in  apartments, 
suites  or  groups.  This  type  includes  tenement  houses,  flats,  apart- 
ment houses,  apartment  hotels,  bachelor  apartments,  studio  apart- 
•ments,  duplex  apartments,  kitchenette  apartments,  and  all  other 
dwellings  similarly  occupied  whether  specifically  enumerated  herein 
or  not. 

Type  B.  Multiple-dwellings  of  Type  B  are  dwellings  which  are 
occupied,  as  a  rule  transiently,  as  the  more  or  less  temporary  abid- 
ing place  of  individuals  who  are  lodged  with  or  without  meals,  and 
in  which  as  a  rule  the  rooms  are  occupied  singly.  This  type  in- 
cludes hotels,  lodging  nouses,  boarding  houses,  furnished-room 
houses,  lodgings,  club  houses,  fraternity  houses,  sorority  houses, 
lodges,  convents,  asylums,  hospitals,  jails,  and  all  other  dwellings 
similarly  occupied,  whether  specifically  enumerated  herein  or  not. 

(4)  Hotel.    A  "hotel"  is  a  multiple  dwelling  of  Type  B  in  which 
persons  are  lodged  for  hire  and  in  which  there  are  more  than  fifty 
sleeping  rooms,  a  public  dining  room  for  the  accommodation  of  at 
least   fifty  guests,   and   a   general   kitchen. 

(5)  Mixed  Occupancy.     In  cases  of  mixed  occupancy  where  a 
building  is  occupied  in  part  as  a  dwelling  the  part  so  occupied  shall 
be  deemed  a  dwelling  for  the  purposes  of  this  ordinance  and  shall 
comply  with  the  provisions  thereof  relative  to  dwellings. 


CITY    OF    BERKELEY  5 

(6)  Yards.  A  "rear  yard"  is  an  open,  unoccupied  space  on  the 
same  lot  with  a  dwelling,  between  the  extreme  rear  line  of  the  lot 
and  the  extreme  rear  line  of  the  house. 

•  (7)  Courts.  A  "court"  is  an  open,  unoccupied  space,  other  than 
a  yard,  on  the  same  lot  with  a  dwelling.  A  court  not  extending  to 
the  street  or  rear  yard  is  an  "inner  court."  A  court  extending  to  the 
street  or  rear  yard  is  an  "outer  court."  If  it  extends  to  the  street 
it  is  a  "street  court."  If  it  extends  to  the  rear  yard  it  is  a  "yard 
court."  If  it  extends  from  the  street  to  the  rear  yard  it  is  a  "street- 
to-yard-court."  A  court  bounded  on  one  side  and  both  ends  by  a 
dwelling  and  on  the  remaining  side  by  a  lot-line  is  a  "lot-line 
court."  A  court  bounded  on  one  side  and  one  end  by  a  dwelling 
and  on  the  remaining  side  by  a  lot-line  and  the  remaining  end  open 
to  the  street  or  front  or  rear  yard  is  a  "lot-line  outer  court." 

(8)  A  "shaft"  includes  exterior  and  interior  shafts,  whether  for 
air,    light,    elevator,    dumbwaiter,    or    any    other    purpose.      A    "vent 
shaft"   is  one  used  solely  to  ventilate  or   light  a  water-closet   com- 
partment or  bathroom. 

(9)  A  "corner  lot"   is  a  lot   situated  at  the  junction   of   two   or 
more    intersecting   streets.     Any   portion   of   the    width    of    such    lot 
distant  more  than  fifty  feet  from  such  junction  shall  not  be  regarded 
as  part  of  a  corner  lot  but  shall  be  subject  to  the  provisions  of  this 
ordinance  respecting  other  than  corner  lots.     Where,   in  any  corner 
lot,  the  two  frontages  are  of  unequal  length,  either  street   frontage 
may  be  taken  as  the  width  of  the  lot. 

A  lot  other  than  a  corner  lot  is  an  "interior  lot." 

(10)  Front;  Rear;  and  Depth  of  Lot.    The  front  of  a  lot  is  that 
boundary  line  which  borders  on  the  street.     In. the  case  of  a  corner 
lot    the    owner   may    elect    by    statement    on   his    plans    either    street 
boundary  'line  as  the   front.     The   rear  of  a  lot  is  the  side  opposite 
to   the    front.      In   the   case   of   a   triangular   or   gore   lot   the   rear    is 
the   boundary   line   not   bordering  on   a   street.     The   depth   of  a   lot 
is  the  dimension  measured  from  the  front  of  the  lot  to  the  extreme 
rear  line  of  the   lot.     In  the  case  of  irregular-shaped  lots  the  mean 
depth   shall   be   taken. 

(11)  Public  Hall.     A  "public  hall"  is  a  hall,  corridor  or  passage- 
way  not   within   the   exclusive    control   of   one   family. 

(12)  Stair  Hall.    A  "stair  hall"  is  a  public  hall  and  includes  the 
stairs,    stair    landings -and    those    portions    of    the    building   through 
which  it  is  necessary  to  pass  in  going  between  the  entrance  floor  and 
the  roof. 

(13)  Basement;  Cellar;  Attic.     A  "basement"   is  a  story  partly 
below  the  level  of  the  curb,  the  ceiling  of  which  is  not  less  than  seven 


6  HOUSING   CODE 

feet  above  the  curb  level.  A  "cellar"  is  any  story  partly  or  wholly 
below  the  level  of  the  curb,  the  ceiling  of  which  is  less  than  seven 
feet  above  the  curb  level.  In  the  case  of  private-dwellings  and  two- 
family-dwellings  an  attic,  or  story  in  a  sloping  roof,  if  not  occupied 
for  living  purposes  shall  not  be  counted  as  a  story;  in  the  case  of 
multiple-dwellings  an  attic  shall  be  counted  as  a  story. 

(14)  First  Story.     The  "first  story"  of  a  building  is  the  lowest 
story  the   ceiling  of  which   is   seven  feet  or  more  above   the   level 
of  the  curb.     In  determining  the  height  of  any  building  by  stories, 
the  stories  thereof  shall  be  numbered  from  and  including  such  first 
story  upward. 

(15)  Length;   Width.     For  the   purposes  of  this   ordinance   the 
greatest  .horizontal    linear   dimension   of   any   building   shall    be    its 
length  ,and  the  next  greatest  horizontal  linear  dimension  its  width. 

(16)  Height.    The  "height"  of  a  dwelling  is  the  vertical  distance 
measured  in  a  straight  line  from  the  curb  level  to  the  highest  point 
of  the  roof  beams  in  the  case  of  flat  roofs,  and  to  the  average  of  the 
height  of  the  gable  in  the  case  of  pitched  roofs,  the  measurements 
in  all  cases  to  be  taken  through  the  center  of  the  front  of  the  house. 
Where  a  dwelling  is  situated  on  a  terrace  above  the  curb  level  such 
height  shall   be  measured   from   the   level  of  the  adjoining  ground. 
For  a  building  erected  upon  a  street  corner  the  measurements  shall 
be  taken  from  the  curb  level  opposite  the  center  of  either  front. 

(17)  Curb  Level.     The  "curb   level"  is  the  level  of  the  estab- 
lished grade  in  front  of  the  building  measured  at  the  center  of  such 
front.     Where  no  grade  has  been  established  the  City  Engineer  shall 
establish  such  grade  or  its  equivalent  for  the  purposes  of  this  ordi- 
nance. 

'  (18)  Occupied  Spaces.  Outside  stairways,  fire  towers,  porches, 
platforms,  balconies,  boiler  flues  and  other  projections,  except  open 
iron  fire  escapes  not  over  four  feet  in  width,  shall  be  considered  as 
part  of  the  building  and  not  as  part  of  the  yards  or  courts  or 
unoccupied  area. 

Cornices  which  project  into  an  outer  court  or  into  a  side  yard 
for  a  distance  of  more  than  eighteen  inches,  shall  similarly  be  con- 
sidered as  part  of  the  building.  A  cornice  which  projects  into  an 
inner  court  to  any  extent  shall  be  considered  as  part  of  the  build- 
ing. 

(19)  Fireproof  Dwelling.  A  "fireproof  dwelling"  is  one  the 
walls  of  which  are  constructed  entirely  of  brick,  stone,  cement,  iron 
or  other  hard  incombustible  material  and  in  which  the  floors,  roofs, 
stair  halls  and  public  halls  are  built  entirely  of  brick,  stone,  cement, 
iron  or  other  hard  incombustible  material  and  in  which  no  woodwork 
or  other  inflammable  material  is  used  in  any  of  the  partitions,  furr- 


CITY    OF    BERKELEY  7 

ings  or  ceilings.  But  this  definition  shall  not  be  construed  as  pro- 
hibiting- elsewhere  than  in  the  public  halls  the  use  of  wooden  floor- 
ing on  top  of  the  fireproof  floors  or  the  use  of  wooden  sleepers, 
nor  as  prohibiting  wooden  handrails  or  treads  of  hard  wood,  sup- 
ported by  fireproof  construction. 

(20)  Wooden  Building.    A  "wooden   building"   is  a  building  of 
which   the  exterior  walls  or  a  portion  thereof  are  of  wood.     Court 
walls  are  exterior  walls. 

(21)  Nuisance.     The  word  "nuisance"  shall  be  held  to  embrace 
public  nuisance  as  known  at  common  law  or  in  equity  jurisprudence  ; 
and  whatever  is  dangerous  to  human  life  or  detrimental  to  health; 
whatever  dwelling  is  overcrowded  with  occupants  or  is  not  provided 
with   adequate    ingress   and   egress    to    or    from    the   same,   or    is   not 
sufficiently     supported,     ventilated,     sewered,     drained,     cleaned     or 
lighted,  in  reference  to  its  intended  or  actual  use;  and  whatever  ren- 
ders the  air  or  human  food  or  drink  unwholesome,  are  also  severally, 
in  contemplation  of  this  ordinance,  nuisances;  and  all  such  nuisances 
are  hereby  declared   illegal. 

(22)  Construction  of  Certain   Words.     The  word  "shall"   is  al- 
ways  mandatory   and   not   directory,   and    denotes    that   the    dwelling 
shall  be  maintained  in  all  respects  according  to  the  mandate  as  long 
as   it   continues   to  be  a  dwelling. 

Wherever  the  words  "ordinances,"  "regulations,"  "department  of 
buildings  and  inspections,"  "board  of  health,"  "health  officer,"  "de- 
partment charged  with  the  enforcement  of  this  ordinance,"  "com- 
missioner of  public  safety,"  "corporation  counsel,"  "mayor,"  "city 
treasury,"  "city  engineer,"  or  "fire  limits,"  occur  in  this  ordinance 
they  shall  be  construed  as  if  followed  by  the  words  "of  the  city  of 
Berkeley,  State  of  California."  Wherever  the  words  "occupied"  or 
"used"  are  employed  in  this  ordinance  such  words  shall  be  construed 
as  if  followed  by  the  words  "or  is  intended,  arranged,  designed, 
built,  altered,  converted  to,  rented,  leased,  let  or  hired  out,  to  be 
occupied  or  used."  Wherever  the  words  "dwelling,"  "two-family- 
dwelling."  "multiple-dwelling,"  "building,"  "house,"  "premises."  or 
"lot"  are  used  in  this  ordinance  they  shall  be  construed  as  if  fol- 
lowed by  the  words,  "or  any  part  thereof."  Wherever  the  word 
"street"  is  used  in  this  ordinance  it  shall  be  construed  as  including 
any  public  alley  sixteen  or  more  feet  in  width.  "Approved  fire- 
proof material"  means  approved  by  the  Department  of  Buildings  and 
Inspections. 

5.  Buildings  Converted  or  Altered.  A  building  not  a  dwelling 
if  hereafter  converted  or  altered  to  such  use  shall  thereupon  become 
subject  to  all  the  provisions  of  this  ordinance  relative  to  dwellings 
hereafter  erected.  A  dwelling  of  one  type  if  hereafter  altered  or 


8  HOUSING    CODE 

converted  to  another  type  shall  thereupon  become  subject  to  all  the 
provisions  of  this  ordinance  relative  to  such  type. 

6.  Alterations  and  Changes  in  Occupancy.    No  dwelling  hereafter 
erected  shall  at  any  time  be  altered  so  as  to  be  in  violation  of  any 
provision   of  this   ordinance,  and  no  dwelling   erected   prior   to  the 
passage  of  this  ordinance  shall  at  any  time  be  altered  so  as  to  be  in 
violation  of  those  provisions   of  this   ordinance  applicable   to   such 
dwelling.     If  any  dwelling  or  any  part  thereof  is  occupied  by  more 
families  than  provided  in  this  ordinance,  or  is  erected,  altered  or  oc- 
cupied contrary  to  the  law  and  ordinances,  such  dwelling  shall   be 
deemed  an  unlawful  structure,  and  the  health  officer  may  cause  such 
dwelling  to  be  vacated.     And  such  dwelling  shall  not  again  be  occu- 
pied until  it  or  its  occupation,  as  the  case  may  be.  has  been 

to  conform  to  the  law  and  ordinances. 

7.  Dwellings  Moved.     If  any  dwelling  be  hereafter  moved  from 
one  lot  to  another  it  shall  thereupon  be  made  to  conform  to  all  the 
provisions  of  this  ordinance  relative  to  dwellings  hereafter  erected. 

8.  Minimum    Requirements;    Ordinance    Not    to    Be    Modified. 
The  provisions  of  this  ordinance  shall  be  held  to  be  the  minimum 
requirements  adopted  for  the  protection  of  the  health,  welfare  and 
safety    of    the    community.      Except    as    herein    otherwise    specified, 
every  dwelling  shall   be  constructed  and  maintained   in   conformity 
with  the  existing  law  and  ordinances,  but  no  regulation  or  ruling  <>f 
any  municipal  officer  or  board  shall   repeal,  amend,  modify  or   dis- 
pense with  any  provision  of  this  ordinance. 

9.  Time  for  Compliance.    All  improvements  specifically  required 
by  this  ordinance  upon  dwellings  erected  prior  to  date  of  it- 
age  shall  be  made  within  one  year  from  said  date,  or  at  such  earlier 
period  as  may  be  fixed  by  the  health  officer. 

10.  Scope  of  the  Ordinance.    All  the  provisions  of  this  ordinance 
shall  apply  to  all  types  of  dwellings,  except  that  in  sections  where 
specific  reference  is  made  to  one  or  more  specific  types  of  dwellings 
such  provisions  shall  apply  only  to  those  specific  types  to  which  such 
reference   is  made.     All   provisions  which   relate  to   dwellings   shall 
apply  to  all   types  of  dwellings. 


CITY    OF    BERKELEY  9 

CHAPTER  II. 
DWELLINGS  HEREAFTER   ERECTED. 

(In  this  chapter  will  be  found  the  provisions  which  must  be  ob- 
served when  a  person  proposes  to  build  a  new  dwelling  or  to 
convert  or  alter  to  such  purposes  a  building  which  is  not  a 
dwelling.) 

TITLE   1.     LIGHT  AND    VENTILATION. 

11.  Percentage  of  Lot  Occupied.     No  dwelling  hereafter  erected 
shall  occupy  alone  or  with  other  buildings,  more  than  eighty-five  per 
cent  of  a  corner  lot,  or  more  than  sixty-five  per  cent  of  any  other 
lot,  except  as  otherwise  provided  in  this  ordinance;  provided,  that 
the  space  occupied  by  open  iron  fire  escapes  erected  arid  constructed 
according  to  law  shall  not  be  deemed  a  part  of  the  lot  occupied,  but 
that  the  space  occupied  by  fireproof  stairs,  and  by  vent  shafts  thirty- 
two  square  feet  or  less  in  area,  shall  be  considered  as  part  of  the 
lot   occupied,    except   that   in   the   case   of   hotels   the   measurements 
may  be  taken  at  the   floor  level  of  the   lowest   bedroom  story;  and 
in   the   case   of   other  multiple-dwellings   where   there   are   stores   or 
shops  on  the  entrance  story,  the  measurements  may  be  taken  at  the 
top  of  such  entrance  story. 

12.  Height.      No    dwelling    hereafter    erected    shall    exceed    in 
height   the   width   of   the   widest   street   upon   which    it   abuts   nor    in 
any   case    shall    it    exceed   sixty-five    feet    in   height.      Such   width    of 
street  shall   be   measured  perpendicularly   from  street   line   to   oppo- 
site street  line. 

The  provisions  of  this  section  shall  not  apply  to  hotels  of  Class 
A   construction. 

13.  Yards.    Immediately  behind  every  dwelling  hereafter  erected 
there  shall  be  a  rear  yard  extending  across  the  entire  width  of  the 
lot.     Such  yard  shall  be  at  every  point  open  and  unobstructed  from 
the  ground   to   the    sky,    except   that    in   the   case   of   corner   lots   the 
rear  yard  may   start   at  the   top   of  the   entrance   story.     Every  part 
of    such    yard    shall    be    directly    accessible    from    every    other    part 
thereof.     The  depth  of  said  yard  shall  be  measured  at  right  angles 
from  the  rear  lot  line  to  the  extreme  rear  part  of  the  house.     Such 
depth    shall    increase    proportionately    with    an    increased    height    of 
the  dwelling  and  shall  be  proportionate  to  the  depth  of  the   lot  as 
follows  : 

(a)  In  the  case  of  corner  lots  no   rear  yard  shall  be  less  than 
ten   per   cent   of   the    depth   of   the    lot,   provided   no   such   rear   yard 
shall  be  less  than  ten  feet  in  depth. 

(b)  Except   for  multiple-dwellings  of   Type  A,   in  the   case  of 


10  HOUSING   CODE 

corner  lots  with  streets  on  three  sides,  the  rear  yard  need  not  ex- 
tend across  the  full  width  of  the  lot,  but  only  to  its  median  line ;  in 
the  case  of  hotels  located  on  such  lots  no  rear  yard  need  be  provided. 

(c)  In  the  case  of  interior  lots  no  rear  yard  shall  be  less  than 
fifteen  per  cent  of  the  depth  of  the  lot,  provided  no  rear  yarcf 
shall  be  les  than  twelve  feet  in  depth. 

If  the  dwelling  exceeds  three  stories  in  height,  the  depths  above 
prescribed  shall  in  each  case  be  increased  five  per  cent  for  each 
story  above  three  stories. 

14.  Street  to  Yard  Court.    No  street  to  yard  court  is  required  for 
dwellings  hereafter  erected,  but  they  may  be  built  up  to  the  lot  line. 
If,  however,  any  street   to  yard   court   is   left   it   shall   be  at   every 
point   open   and   unobstructed    from   the   ground   to   the   sky   and    its 
width  shall  be  proportionate  to  the  height  of  the  dwellings  and  no 
street    to   yard    court    shall    be    less    in   width    in    any    part    than    as 
follows: 

The  minimum  width  of  a  street  to  yard  court,  measured  to  the 
side  lot  line,  for  a  one-story  dwelling  shall  be  four  feet;  for  a  two- 
story  dwelling,  five  feet;  for  a  three-story  dwelling,  six  feet:  for 
a  four-story  dwelling,  seven  feet;  for  a  five-story  dwelling,  nine 
feet;  for  a  six-story  dwelling,  eleven  feet. 

In  a  private-dwelling  or  a  two-family-dwelling  hereafter  erected 
one  unenclosed  outside  porch  may  be  located  in  the  street  to  yard 
court,  provided  such  porch  does  not  extend  into  the  said  court  a 
greater  distance  than  four  feet  from  the  side  wall  of  the  building 
nor  exceed  twelve  feet  in  its  other  horizontal  dimension. 

15.  Inner  Courts.     The   sizes  of   all    inner   courts    in   dwell :;;us 
hereafter  erected  shall  be  proportionate  to  the  height  of  the  dwelling. 
No    inner   court   shall    be   les    in  any  part   than   the   minimum    sizes 
prescribed   in  this   section.     The  minimum  width  of  an   inner  court 
for  a  one-story  dwelling  shall  be  six  feet,  for  a  two-story  dwelling 
seven   feet,   for  a   three-story  dwelling  eight   feet,   for  a   four-story 
dwelling   nine    feet,   for   a   five-story  dwelling   twelve    feet,   and   for 
a    six-story   dwelling   sixteen    feet.     The    length    of   an    inner    court 
shall   never   be   less   than   twice   the   minimum   width   prescribed   by 
this  section.     The  width  of  all  courts  adjoining  the  lot  line  shall  be 
measured  to  the  lot  line  and  not  to  an  opposite  building. 

16.  Outer  Courts,  Lot  Line  Outer  Courts,  Street  to  Yard  Courts, 
size   of.     The   outer   court    of   all   dwellings   hereafter    erected   shall 
have  not  less  than  the  following  minimum  widths  nor  more  than  the 
following  maximum  lengths: 


CITY    OF    BERKELEY  11 

Building  Least  width  Maximum  length 

2  stories  4  feet                                     16  feet 

3  stories  4  feet  6  inches                  25  feet 

4  stories  5  feet  6  inches                  30  feet 

5  stories  6  feet                                    35  feet 

6  stories  8  feet                                    35  feet 

The  length  of  outer  courts  shall  not  be  more  than  the  maximum 
lengths  given  in  the  above  table  unless  six  inches  be  added  to  the 
minimum  widths  for  each  additional  five  feet  or  fraction  thereof  in 
length.  The  lot  line  outer  courts  and  street  to  yard  courts  shall 
have  the  same  minimum  width  as  outer  courts  but  are  not  governed 
by  the  provisions  of  this  section  regarding  maximum  lengths. 

17.  Lot  Line  Courts,  Size  of.  Lot  line  courts  in  dwellings  here- 
after erected  shall  have  areas  and  minimum  widths  in  all  parts  not 
less  than  those  specified  in  the  following  table  : 

Building  Area  in  square  feet  Least  width. 

2  stories  50  4  feet 

3  stories  72  6  feet 

4  stories  105  7  feet 

5  stories  180  9  feet 

6  stories  300  12  feet 

Provided,  that  when  only  the  window  of  kitchens  containing  not 
more  than  seventy-five  square  feet  of  floor  area  or  of  bath  rooms 
or  toilets  open  or  are  designed  to  open  upon  a  lot  line  court  and 
said  court  is  entirely  open  and  free  from  obstruction  from  the  bot- 
tom thereof  to  the  sky,  said  court  shall  have  areas  and  minimum 
widths  in  all  parts  not  less  than  the  areas  and  widths  specified  in 
the  following  table  : 

2  stories  50  4  feet 

3  stories  50  4  feet 

4  stories  60  6  feet 

5  stories  108  9  feet 

6  stories  144  12  feet 

18.  Courts  Open  at  Top.  No  court  of  a  dwelling  hereafter  erected 
shall  be  covered  by  a  roof  or  skylight.  Every  such  court  shall 'be 
at  every  point  open  from  the  ground  to  the  sky  unobstructed,  except 
that  in  the  case  of  hotels,  courts  may  start  at  the  floor  level  of  the 
lowest  bedroom  story;  and  in  the  case  of  other  multiple-dwellings 
where  there  are  stores  or  shops  on  the  entrance  story,  courts  may 
start  at  the  top  of  such  entrance  story. 

19.  Air-Intakes.  Every  inner  court,  including  lot-line-courts, 
shall  be  provided  with  one  or  more  horizontal  air  intakes  at  the 
bottom.  Such  intakes  shall  always  communicate  directly  with  the 


12  HOUSING   CODE 

street  or  yard,  and  shall  consist  of  an  unobstructed  passageway, 
not  less  than  three  feet  wide  and  six  feet  six  inches  high,  which  shall 
be  left  open,  or  if  not  open  there  shall  always  be  provided  in  said 
passageway  open  grills  or  transoms,  one  at  each  end,  of  a  size  to 
furnish  not  less  than  ten  square  feet  each  of  free  and  open  air  space, 
and  such  grills  or  transoms  shall  never  be  covered  with  glass  or  in 
any  other  way.  In  case  the  court  does  not  go  down  below  the  second 
floor  level  the  intake  shall  consist  of  unobstructed  open  ducts  having 
an  open  interior  area  of  not  less  than  sixteen  square  feet  at  every 
point  and  covered  at  each  end  with  a  wire  screen  of  not  less  than 
one  inch  mesh.  Such  duct  shall  be  so  arranged  as  to  be  easily  clean- 
ed out.  These  ducts  or  intakes  must  in  any  case  be  either  of  fire- 
proof construction  or  lined  with  No.  26  flat,  galvanized  iron  laid  on 
the  inside  of  said  duct  without  air  space  at  the  back. 

20.  Angles  in  Courts.     Nothing  contained  in  the  foregoing  sec- 
tions concerning  courts  shall  be  construed  as  preventing  the  cutting 
off  of  corners  of  said  courts,  provided  that  the   running  length  of 
the  wall  across  the  angle  of  such  corner  does  not  exceed  seven  feet. 

21.  Buildings  on  the  Same  Lot  with  a  Dwelling.    If  any  building 
is  hereafter  placed  on  the  same  lot  with  a  dwelling  there  shall  always 
be  maintained  between  the  said  buildings  an  open  unoccupied  space 
extending  upwards  from  the  ground  and  extending  across  the  entire 
width  of  the  lot.     Such  space  shall  never  be  less  than  fifteen  feet  in 
depth;  where  both  buildings  exceed  one  story  in  height  such  space 
shall  not  be  less  than  twenty  feet  in  depth;  and  if  either  building  is 
three  stories  in  height  such  open  space  shall  not  be  le'ss  than  twenty- 
five  feet  in  depth;  if  either  building  is  four  stories  in  height  such 
open   space    shall   not   be    less   than   thirty    feet    in   depth;    if   either 
building  is  five  stories   in  height  such  open  space  shall  not  be  less 
than  thirty-five  feet  in  depth;  and  if  either  building  is  six  stories  in 
height  such  open  space   shall  not  be  less  than  forty  feet  in  depth. 
No  building  of  any  kind  shall  be  hereafter  placed  upon  the  same  lot 
with  a  dwelling  so  as  to  decrease  the  minimum  sizes  of  courts  and 
yards    as    hereinbefore    prescribed.      If    any    dwelling    is    hereafter 
erected  upon  any  lot  upon  which  there  is  already  another  building, 
it  shall  comply  with  all  the  provisions  of  this  ordinance,  and  in  addi- 
tion the  space  between  the  said  building  and  the  said  dwelling  shall 
be  of  such  size  and  arranged  in  such  manner  as  is  prescribed  in  this 
section,  the  height  of  the  highest  building  on  the  lot  to  regulate  the 
dimensions. 

22.  Rooms,   Lighting   and    Ventilation    of.     In    every    dwelling 
hereafter  erected  every  room  shall  have  at  least  one  window  opening 
directly  upon  the  street,  or  upon  a  yard  or  court  or  to  the  sky  of 
the  dimensions  specified  in  this  article  and  located  on  the  same  lot, 
and   such  window   shall   be   so   located  as   to   properly  light  all  por- 


CITY    OF    BERKELEY  13 

tions  of  such  rooms.  This  provision  shall  not,  however,  apply  to 
rooms  used  as  art  galleries,  swimming  pools,  gymnasiums,  squash 
courts  or  for  similar  purposes,  provided  such  rooms  are  adequately 
lighted  and  ventilated  by  ventilating  skylights  in  the  roof  thereof. 

23.  Window   Area.      In    every    dwelling   hereafter    erected,    the 
total   window  area   of   each   room,   except  public   halls,  water   closet 
compartments   and  bath   rooms,   shall   be   at   least  one-eighth   of  the 
floor  area  of  the   room,  except   in  the  cellar  or  basement,  where  it 
shall  be  one-sixth,  and  the  upper  half  of  all  windows  shall  be  made 
so  as   to  open  the   full  width.     The  total  window  area  of  any  such 
room  shall  never  be  less  than  twelve  square  feet,  measured  to  out- 
side of  sash.     Provided  that  these  requirements  shall  not  apply  to 
windows    opening    from    cellar    or    basements,    where    the    aforemen- 
tioned basements  or  cellar  are  not  occupied  or  intended  or  designed 
to  be  occupied  as  living  rooms  or  as  bed  rooms. 

24.  Size   and  Height   of  Rooms.     In   every   dwelling  hereafter 
erected,  all  rooms,  except  water-closet  compartments  and  bathrooms 
shall  be  of  the  following  minimum  sizes:  each  room  shall  contain  at 
least  one  hundred  square  feet  of  floor  area,  and  in  each  apartment 
there  shall  be  at  least  one  room  containing  not  less  than  one  hundred 
and  fifty  square  feet  of  floor  area.     Each  room  shall  be  in  every  part 
not  less  than  eight  feet  from  the  finished  floor  to  the  finished  ceiling; 
provided,  that  an  attic  room  need  be  but  eight  feet  high  in  half  its 
area.     Except  that  smaH  closets  and  water-closet  compartments,  and 
bath  rooms  may  be  not  less  than  seven  feet  six  inches  in  height  and 
except  that  kitchens  or  pantries  may  be  less  than  ninety  square  feet 
of   area;   provided,  that   same   are   not   occupied   or   intended   or   de- 
signed to  be  occupied  as  bed  rooms. 

25.  Alcoves.     Size    of    Closet   and   Small   Alcove.     Cooking  in 
Closets  or  Alcoves  Forbidden.     In  every  dwelling  hereafter  erected 
an   alcove    in   any    room   shall    be    separately   lighted    and    ventilated 
and  must  conform  to  all  the  requirements  of  other  rooms,  and  shall 
not  be  less   than  one  hundred  square   feet   in  area.     No  part  of  any 
room  in  a  dwelling  hereafter  erected  shall  be  enclosed  or  subdivided 
at  any  time,  wholly  or  in  part,  by  a  curtain,  portiere,  fixed  or  movable 
partition    or    other    contrivance    or    device,   unless    such   part    of   the 
room  so  enclosed  or  subdivided  shall  contain  a  separate  window  as 
herein   required,   and    shall   have   a   floor   area  *of   not   less   than    one 
hundred  square  feet ;  provided,  however,  that  closets   or  alcoves  of 
not   more    than   twenty-five   square    feet   of   floor   area   do    not   come 
within  the  provisions  of  this  section;  provided  further,  that  it  shall 
be   unlawful   to   do   any   cooking   or   prepare  any   food   in   clo-sets   or 
alcoves  unless  they  conform  to  all  the  provisions  of  sections  twenty- 
two   and   twenty-three   of  this  ordinance,   relative   to  windows. 

26.  Privacy.      In    every     multiple-dwelling     hereafter     erected, 


14  HOUSING    CODE 


access  to  every  living  room  and  to  every  bedroom  and  to  at  least  o; 
water-closet   compartment   shall   be  had   without   passing  through 

V\£*A  f/-\/*kfM 


one 

bedroom. 

27.  Water-closet   Compartments  and  Bathrooms;  Lighting  and 
Ventilation  of.     In   every   dwelling  hereafter   erected   every   water- 
closet  compartment  and   bathroom  shall  have  at   least   one  window 
opening  directly  upon   the    street   or   sky  or  upon   a  yard  or   court 
of  the  dimensions  specified  in  this  article  and  located  on  the  same 
lot.     No  such   window  shall  be  less   in   size  than  three  square  feet 
measured   to   outside   of   sash,  and   the   aggregate   area   of   windows 
for  each  water-closet  compartment  shall  be  not  less  than  six  square 
feet,   measured   to    outside   of   sash.      Every   such    window    shall    be 
made  so  as  to  open  in  all   its  parts.     Nothing  in  this  section   con- 
tained  shall   be   construed   so  as   to   prohibit   a  general   toilet   room 
containing  several   water-closet  compartments   separated   from  each 
other  by  dwarf  partitions,  provided  such  toilet  room  is  adequately 
lighted  and  ventilated  to  the  outer  air  as  above  provided,  and  that 
such  water-closets  are  supplemental  to  the  water-closet  accommoda- 
tion required  by  the  provisions  of  section  thirty-seven. 

In  hotels  hereafter  erected,  in  the  case  of  water-closets  l<u 
on  the  top  floor  or  at  the  bottom  of  a  court,  a  ventilating  skylight 
open  to  the  sky  may  be  used  in  lieu  of  the  windows  required  by  this 
section. 

28.  Public   Halls.      In    every    dwelling   hereafter    erected    every 
public   hall   shall   have   at   each   story  at   least  one  window   open  in- 
directly upon  the  street  or  upon  a  yard  or  court  of  the  dimensions 
specified   in  this  article  and  located  on  the  same  lot.     Any  part  of 
a  public  hall  which  is  offset  or  recessed  or  shut  off  ten  or  more  feet 
from  any  other  part   of  said   hall   shall   be   deemed  a   separate   hall 
within  the  meaning  of  this  section  and  shall  be  separately  lighted 
and  ventilated. 

29.  Windows    and   Skylights   for   Public    Halls.      In    dwelling 
hereafter  erected  one  at  least  of  the  windows  provided  to  light  each 
public  hall  or  part  thereof  shall  be  at  least  two  feet  six  inches  wide 
and  five  feet  high,  measured  to  outside  of  sash.     In  every  multjple 
dwelling  hereafter  erected  there  shall  be  in  the  roof  directly  over 
each  stair-well,  a  ventilating  skylight  provided  with  ridge  ventilators 
having  a  minimum  opening  of  forty  square  inches,  or  such  skylight 
shall   be  provided  with   fixed   or  movable   louvres. 

30.  Windows  for  Stair  Halls,  Size  of.    In  every  multiple-dwelling 
hereafter   erected   there    shall    be  provided    for   each    story  at   least 
one  window   to   light   and   ventilate    each   stair  hall   which   shall   be 
at  least  three  feet  wide  and  five  feet  high,  measured  to  outside  of 
sash.     A    sash    door   shall   be    deemed    the    equivalent   of   a   window 
in  this  and  the  two  foregoing  sections,  provided  that  such  door  con- 
tains  the  amount   of  glazed  surface  prescribed   for  such  windows. 


CITY    OF    BERKELEY  15 

31.  Outside  Porches.  In  dwellings  hereafter  erected,  roofed- 
over  outside  porches  which  extend  above  the  top  of  the  entrance 
story  shall  not  be  erected  outside  and  in  front  of  windows  required 
by  this  ordinance  for  the  lighting  and  ventilation  of  rooms  or  halls; 
they  may,  however,  open  from  windows  supplementary  to  those  re- 
quired by  law,  provided  they  do  not  diminish  the  legal  light  or  ven- 
tilation of  such  rooms.  The  term  "outside  porches"  shall  include 
outside  platforms,  balconies  and  stairways.  All  such  outside  porches 
shall  be  considered  as  part  of  the  building  and  not  as  part  of  the 
yards  or  courts  or  other  unoccupied  area. 


TITLE    II. 
SANITATION. 

32.  Cellar  Rooms.     In  dwellings  hereafter  erected  no  room  in 
the  cellar  shall  be  occupied  for  living  purposes. 

33.  Basement  Rooms.     In  dwellings  hereafter  erected  no  room 
in    the    basement    shall    be    occupied    for    living   purposes,    unless    in 
addition    to    the    other    requirements    of    this    ordinance    such    rooms 
shall  have  sufficient  light  and  ventilation,  shall  be  well  drained  and 
dry,   and   shall   be    fit    for   human   habitation. 

34.  Cellars,    Water-Proofing    and    Lighting.      Every    ..dwelling 
hereafter  erected  shall  have  a  basement,  cellar  or  space  under  the 
entire   entrance   floor,  unless  said  floor  be   entirely  waterproof  con- 
struction;  said   space   shall  be  at  least   twenty-four   inches  between 
the  top  of  the  ground  and  the  bottom  of  said  floor  so  as  to  insure 
ventilation    and    protection    from    dampness.      All    cellars    and    base- 
ments in  dwellings  hereafter  erected  shall  be  properly  lighted,  ven- 
tilated and  drained. 

35.  Courts,    Areas    and    Yards.      In    every    dwelling    hereafter 
erected   all   courts,   areas   and    yards    shall   be   properly   graded   and 
drained,  and  when  required  by  the  health  officer,  they  shall  be  prop- 
erly concreted   in  whole  or   in  part  as  may  be  appropriate. 

36.  Water  Supply.     In   every   dwelling  hereafter   erected   there 
shall  be  a  proper  sink  or  wash-bowl  with   running  water,   exclusive 
of  any  sink  in  the  cellar.     In  two-family  dwellings  and  in  multiple- 
dwellings   of  Type  A  there   shall   be  such  a   sink  or  wash   bowl   in 
each  compartment,  suite  or  group  of  rooms. 

37.  Water-Closet  Accommodations.    In  every  dwelling  hereafter 
erected   there    shall    be    a    separate    water   closet.     Each    such    water 
closet  shall  be  placed  in  a  compartment  completely  separated  from 


16  HOUSING   CODE 

every  other  water  closet;  such  compartment  shall  be  not  less  than 
two  feet  six  inches  wide,  and  shall  be  enclosed  with  walls  which 
shall  extend  to  the  ceiling  and  which  shall  not  be  of  unpainted  wood 
or  other  absorbent  material.  Every  such  compartment  shall  have 
a  window  opening  directly  upon  the  street  or  upon  a  yard,  court 
or  vent  shaft  or  the  sky  of  the  minimum  sizes  prescribed  by  this 
ordinance  and  located  upon  the  same  lot.  Nothing  in  this  section 
contained  shall  be  construed  so  as  to  prohibit  a  general  toilet  room 
containing  several  water-closet  compartments  separated  from  each 
other  by  dwarf  partitions,  provided  such  toilet  room  is  adequately 
lighted  and  ventilated  to  the  outer  air  as  above  provided  and  that  such 
water  closets  are  supplemental  to  the  water-closet  accommodations 
required  by  other  provisions  of  this  section  for  the  tenants  of  the 
said  house.  No  drip-trays  shall  be  permitted  in  any  water  closet. 
No  water-closet  fixture  shall  be  enclosed  with  any  woodwork.  No 
water  closet  shall  be  placed  out  of  doors.  In  two-family  dwellings 
and  in  multiple  dwellings  of  Type  A  hereafter  erected  there  shall 
be  for  each  family  a  separate  water  closet  constructed  and  arranged 
as  above  provided  and  located  within  each  apartment,  suite  or 
group  of  rooms.  In  multiple-dwellings  of  Type  B  hereafter  erect ol 
fhere  shall  be  provided  at  least  one  water  closet  for  every  fifteen 
occupants  or  fraction  thereof.  Every  water-closet  compartment 
hereafter  placed  in  any  dwelling  shall  be  provided  with  proper 
means  of  lighting  the  same  at  night.  In  two-family  dwellings  and 
multiple-dwellings  hereafter  erected  the  floor  of  every  such  water 
closet  shall  be  made  water-proof  with  asphalt,  tile,  stone,  terrazzo. 
painted  wood  or  some  other  non-absorbent  water-proof  material. 

38.  Sewer  Connection.     No  multiple-dwelling  shall  hereafter  be 
erected  on  any  street  unless  there  is  running  water  accessible  thereto 
nor  unless  there  is  a  public  sewer  in  such  street,  or  a  private  sewer 
connecting  directly  with   a  public   sewer,  and   every  such   multiplo- 
dwelling  shall   have   its   plumbing  system   conected   with    the   water 
supply   and   with   a   public    sewer   before    such    multiple-dwelfing    is 
occupied.     No  cesspool  or  vault  or  similar  means  of  sewage  disposal 
shall  be  used  in  connection  with  any  dwelling  where  connection  with 
a   public   sewer    is   practicable. 

39.  Plumbing.     All  plumbing  work  shall  be  in  accordance  with 
the   plumbing  regulations   of   the   City.      In   all   dwellings   hereafter 
erected  where  plumbing  or  other  pipes  pass  through  floors  or  par- 
titions, the  openings  around  such  pipes  shall  be  sealed  or  made  air- 
tight with  incombustible  materials,  so  as  to  prevent  the  passage  of 
air  or  the  spread  of  fire  from  one  floor  to  another  or  from  room  to 
room. 

40.  Garbage  Chutes.     Garbage  chutes  shall  not  be  constructed, 
maintained  or  used. 


CITY    OF    BERKELEY  17 

TITLE   III. 

FIRE  PROTECTION 

41.  Wooden   Dwelling   House;   Height   Limited.      No    wooden 
dwelling  shall  hereafter  be  erected  to  a  height  of  more  than  forty 
feet  above  the  ground  at  any  point. 

42.  Height  of  Non-Fireproof  Dwelling.     A  non-fireproof  mul- 
tiple-dwelling may  be  built  four  stories  in  height;  provided  that  the 
exterior  walls  are  all   of  brick  or   stone   or  concrete  and  all  other 
municipal  requirements  for  this  class  or  type  of  buildings  are  com- 
plied   with.      If    in    addition    to    the    above    requirements    all    joists, 
girders,    studding,    furring,   and   the    soffits   of   stairs   be   lathed   with 
metal  lath  and  plastered,   such   multiple-dwelling  may  be  built  not 
to   exceed  five  stories.     A  cellar  is  not  a  story  within  the  meaning 
of  this  section.    However,  the  building  may  step  up  or  down  to  follow 
the  grade,  provided  that  no  part  of  said  building  exceeds  the  number 
of  stories  provided   for  in  this  section  nor  the  maximum  height  of 
such    buildings    as    hereinbefore    prescribed. 

43.  Means  of  Egress.    Every  multiple-dwelling  hereafter  erected 
exceeding  one   story   in  height   shall  have  at   least   two   independent 
ways    of    egress    which    shall    extend    from   the    ground    floor    to    the 
topmost   floor  of   two-story  dwellings   and   to   the   roof   of  all   other 
dwellings,  and  shall   be   located   remote   from   each   other,  and   each 
shall  be  enclosed  by  walls  or  partitions  as  provided  in  sections  forty- 
six,  forty-seven  and  forty-eight  of  this  ordinance.     In  multiple-dwell- 
ings of  Type  A  the  second  way  of  egress  shall  be  directly  accessible 
to  each  apartment,  group  or  suite  of  rooms  without  having  to  pass 
through    the    first    way    of    egress.      In    multiple-dwellings    of    Type 
B  the  second  way  of  egress  shall  be  directly  accessible  from  a  public 
hall.     The   second   way   of  egress   may   be   any   of   the    following,   as 
the   owner   may   elect: 

(1)  A    system   of   outside   balcony   fire-escapes   constructed   and 
arranged  as  provided   in  section   forty-four  of  this   ordinance. 

(2)  An  additional  flight  of  .stairs,  either  inside  or  outside,  con- 
structed and  arranged  as  provided  in  sections  forty-six,  forty-seven 
and   forty-eight  of  this  ordinance. 

In  the  case  of  multiple-dwellings  of  Type  A  hereafter  erected 
which  do  not  exceed  two  stories  in  height  and  which  are  not  occupied 
by  more  than  four  families  in  all,  such  additional  flight  of  stairs 
may  be  an  outside  stairs  of  wood  with  wooden  balconies,  if  located 
on  the  rear  wall  of  the  dwelling  and  kept  entirely  unenclosed. 

(3)  A  fire-tower  located,  constructed  and  arranged  as  may  be  re- 
quired   by    the    Department    of    Buildings    and    Inspections. 


18  HOUSING   CODE 

44.  Fire-Escapes.    All  fire-escapes  hereafter  erected  on  multiple 
dwellings  shall  be  located  and  constructed  as  in  this  section  required. 
Such  fire  escapes  shall  be  located  at  each  story  the  floor  of  which 
is   twelve   or  more   feet   above   the   ground.     Access   to   fire-escapes 
shall  not  be  obstructed  in  any  way.     No  fire-escape  shall  be  placed 
in  an   inner  court.     Fire-escapes  may  project  into  the  public  high- 
way to  a  distance  not  greater  than   four  feet   beyond  the   building 
line.     All  fire-escapes  shall  consist  of  outside  galvanized  open  iron, 
stone  or  concrete  balconies  and   stairways.     All   balconies   shall   be 
not  less  than  three  feet  in  width.     All  stairways  shall  be  placed  at 
an  angle  of  not  more  than  sixty  degrees  to  the  horizontal,  with  flat 
open  steps  not  less  than  six  inches  in  width  and  twenty-four  inches 
in  length  and  with  a  rise  of  not  more  than  eight  inches.    The  open- 
ings for  stairways  in  all  balconies  shall  be  not  less  than  twenty-four 
by  twenty-eight  inches,  and  shall  have  no  covers  of  any  kind.     The 
balcony  on  the   top   floor   shall   be  provided   with   stairs   or   with   a 
goose-neck  ladder  leading  from  said  balcony  to  and  above  the  roof 
and    properly   fastened    thereto.     A   drop   ladder   or   stairs   shall    be 
provided  from  the  lowest  balcony  of  sufficient  length  to  reach  to  a 
safe    landing   place    beneath.     All    fire-escapes    shall    be    constructed 
and  erected  to  safely  sustain  in  all  their  parts  a  safe  load.     In  addi- 
tion to  the  foregoing  requirements,  all  fire-escapes  hereafter  erected 
upon    multiple-dwellings    shall    be    constructed    in    accordance    with 
such  supplementary  regulations  as  may  be  adopted  by  the   Depart- 
ment of  Buildings  and  Inspections. 

45.  Stairway     to     Roof.       Every     multiple-dwelling     hereafter 
erected,  more  than  two  stories  in  height,  shall  have  a  stairway  not 
less  than  three   feet   in  width  leading  to  an  opening  onto  the  roof 
and  provided  with  a  penthouse  over  such  stairway  (such  penthouse 
to  be  constructed  on  the   inside  and  ceiling  of  the  same  materials 
as  required  in  this  section  for  the  walls  enclosing  stairway,  and  pro- 
vided with  a  door.)     vjuch  stairway  shall   be  provided  with  proper 
handrail  and  be  enclosed  with  walls  of  fireproof  materials  or  wood 
studs  lathed  on  the  stair  side  with  metal  lath  and  plaster,  or  such 
wood  studs  may  be  covered  with   metal   in   lieu  of  metal   lath  and 
plaster.     Any  door  opening  from   such   stairway  to  the   roof   space 
shall  be  covered  on  the  stair  side  with  metal.    The  soffits  of  all  such 
stairs   shall   be   covered  with  metal   or  metal   lath   plastered.     Such 
stairway  and  penthouse  shall  not  be  located  in  a  closet  or  room,  but 
shall   be  located   in  the  ceiling  of  the  public  hall  on  the  top  floor 
and  access  through  the  same  to  the  roof  shall  be  direct  and  uninter- 
rupted.    In  no  case  shall  the  door  of  the  said  pent-house  be  fastened 
with    lock  and   key. 

46.  Stairways   in    Tenement  Houses.     Every   multiple-dwelling 
hereafter   erected,   more   than   two   stories    in   height,   shall   have   at 
least  one  flight  of  stairs,  extending  from  the  entrance  floor  to  the 


CITY    OF    BERKELEY  19 

.  roof,  and  the  stairs  and  public  halls  therein  shall  be  at  least  three 
feet  wide  in  the  clear  and  every  non-fireproof  multiple-dwelling 
containing  not  more  than  fifty  rooms  shall  have  a  secondary  flight 
of  stairs  running  from  the  top  floor  down  to  the  second  floor  and 
not  less  than  two  feet  six  inches  wide.  A  fire-escape  may  take  the 
place  of  this  second  stairway.  Winding  stairs  will  not  be  permitted. 
No  elevator  shall  be  permitted  in  the  well-hole  of  stairs. 

47.  Each  flight  of  stairs  mentioned  in  the  last  two  sections  shall 
have  an   entrance   on   the    entrance   floor   from  the   street   or   street 
court,  or  from  an  inner  court  which  conects  directly  with  the  street. 
All   stairs   shall   be   constructed  with  a  rise  of  not  more  than   eight 
inches,  and  with  treads  not  less  than  nine  inches  wide,  exclusive  of 
nosings.      Winding-    stairs    will    not    be    permitted. 

48.  Stairway    in    Non-Fireproof    House.      Every    non-fireproof 
multiple-dwelling  hereafter  erected  containing  over  fifty  rooms,  ex- 
clusive of  bath  rooms,  above  the  entrance  story,  shall  also  have  an 
additional  flight  of  stairs  for  every  additional  eighty  rooms  or  frac- 
*tion  thereof;   if  said  dwelling  contains  not  more  than  one  hundred 
rooms  above   the   entrance   story,    in   lieu   of  an  additional   stairway, 
the  stairs,  stair  halls  and  entrance  halls  throughout  the  entire  build- 
ing  shall    be   at    least    one-half   wider   than    is   specified    in   sections 
forty-seven    and    fifty-one    of    this    ordinance.      However,    where    an 
additional  flight  of  stairs  is  added  in  accordance  with  the  provisions 
of   this   section,    the    secondary    stairway    required    in    section    forty- 
seven  may  be  omitted. 

49.  Stairway   in   Fireproof   House.     Every    fireproof    multiple- 
dwelling  hereafter  erected  containing  over  one  hundred  and  twenty 
rooms    above    the    entrance    story,    exclusive    of    bath    rooms,    shall 
have  an  additional  flight  of  stairs  for  every  additional  one  hundred 
aad  twenty  rooms  or  fraction  thereof,  but  if  said  dwelling  contains 
not   more    than   one   hundred   and   eighty   rooms   above   the   entrance 
story,    exclusive    of    bath    rooms,    in    lieu    of   an    additional    stairway 
the  stairs,  stair  halls  and  entrance  halls  throughout  the  entire  build- 
ing may  each  be  at  least  one-half  wider  than  is  specified  in  sections 
forty-seven    and    fifty-one    of    this    ordinance,   and    if   such    dwelling 
contains  not  more  than  three  hundred  rooms  above  entrance  story, 
exclusive  of  bath  rooms,  in  lieu  of  four  stairways  there  may  be  but 
three  stairways;  provided,  that,  one  such  stairway  and  the  stair  halls 
and   entrance   halls  connected   therewith  are  at   least  one-half  wider 
than  is  specified  in  sections  forty-seven  and  fifty-one  of  this  ordi- 
nance. 

50.  Stair  Entrance   Construction.     Height  of  Riser.     Width  of 
Tread.     Each  flight  of  stairs  mentioned  in  the  last  two  sections  shall 
have   an    entrance   on   the    entrance    floor    from   the   street   or    street 
court,    or    from    an    inner    court    which    connects    directly    with    the 


20  ,  HOUSING   CODE 

street.  All  stairs  shall  be  constructed  with  a  rise  of  not  more  than 
eight  inches,  and  with  treads  not  less  than  nine  inches  wide,  exclu- 
sive of  nosings. 

51.  Entrance  Hall,  Size.     Access  from   Yard  to  Street  Direct. 
Every  entrance  hall  in  a  multiple-dwelling  hereafter  erected  shall  be 
at  least  three  feet  six  inches  in  the  clear  from  the  entranc  up  to  and 
including  the  stair  enclosure,  and  beyond  this  point  three  feet  wide 
in   the   clear.     In   every  multiple-dwelling  hereafter   erected,   access 
shall  be  had  from  the  street  to  the  yard,  either  in  a  direct  line  or 
through  a  court. 

52.  Closets  Under  Stairs  Forbidden.     In  non-fireproof  multiple- 
dwellings  hereafter  erected  no  closet  of  any  kind  shall  be  constructed 
under  any  stairway  leading  from  the  first  story  exclusive  of  the  cel- 
lar, to  the  upper  stories,  but  such  space  shall  be  left  entirely  open 
and   kept   clear  and   free   from    incumbrance. 

53.  Entrance  to   Cellar  or  Basement  from   Outside.     In   every 
multiple-dwelling  hereafter  erected  there  shall  be  an  entrance  to  the. 
cellar  or  other  lowest  story  from  the  outside  of  said  building. 

54.  Cellar  Stairs.     In  non-fireproof  multiple-dwellings  hereafter 
erected    exceeding   two    stories    in    height,    the    inside    cellar    stairs, 
when   located  beneath   the   stairs  leading  to  the  second   story,  shall 
be  enclosed  with  fireproof  walls  and  provided  with  self-closing  doors 
at  top  and  bottom.     When  the  first  floor  of  any  such  tenement  house 
is  used  or  intended  to  be  used  for  business  purposes,  and  the  stairs 
leading  to    the   cellar   or    basement   are   located    beneath    the    stairs 
leading  to  the  next  upper  floor,  the  stairs  leading  to  the  cellar  or 
basement  shall  be  fireproof  and  enclosed  in  fireproof  walls,  and  such 
stairs  leading  to  the  cellar  or  basement  shall  be  provided  with  self- 
closing   fireproof   doors   at    top   and   bottom. 

55.  Fire  Walls.    Where  dwellings  are  built  in  the  form  of  dog- 
houses or  terraces,  or  attached  or  semi-detached  rows,  or  against  the 
lot  line  there  shall  be  a  fireproof  wall  separating  each  such  house 
from    each   adjoining  house,   and    such   wall    shall    have   no    opening 
therein  and  shall   extend   from  the  floor  of  the  basement  or  cellar 
to«the  under  side  of  the  sheathing  of  the  roof. 

56.  Halls  and  Public  Assemblage.     No   multiple-dwelling  here- 
after   erected    shall   contain   a   place   or   hall    for   public   assemblage 
above  the  first  floor,  except  in  Class  A  and  Clacc  B  structures. 

57.  Steam  Boilers,  Heating  Furnaces  and  Water  Heating  Appa- 
ratus  of  Multiple-Dwellings.     All    steam    boilers,    heating    furnaces, 
or   water  heating  apparatus,   using  any   fuel   other   than   coal-gas   or 
natural    gas,    installed    in    the    basement    or    cellar    of    any    multiple' 
dwelling  shall   be   enclosed  in  a  room  with  walls  of  masonry,   rein- 


CITY    OF    BERKELEY  21 

farced  concrete,  terra  cotta  or  tile  from  the  basement  or  cellar  floor 
to  the  bottom  of  the  first  floor  joists,  and  the  ceiling  of  the  same 
construction  or  of  not  less  than  three-fourths  inch  plaster  on  metal 
lath. 

All  windows  shall  be  of  wire  glass  not  less  than  one-quarter  of 
an  inch  thick  in  metal  frames  and  sashes.  All  doors  leading  from 
said  room  shall  be  fire  doors  and  either  run  on  tracks  or  arranged 
to  swing  out  and  to  close  automatically. 

All  fire  doors  shall  overlap  the  wall  at  least  three  inches  at  side 
and  top.  Sills  shall  be  of  metal  at  least  one-quarter  of  an  inch  thick 
on  masonry,  or  of  masonry,  and  have  horizontal  faces  extending 
tinder  firedoors  and  outer  edges  flush  with  outer  surface  of  fire 
doors. 

Top  of  sliding  door  shall  conform  to  incline  on  the  track,  which 
shall  be  three-quarters  inch  to  the  foot.  No  door  shall  be  hung  on 
wooden  frames  or  in  contact  with  any  woodwork. 

Doors  shall  be  made  of  three  thicknesses  of  seven-eighths  inch 
by  six  inch  tongued  and  grooved  redwood  boards,  surfaced  both 
side.s,  the  outer  thickness  to  be  placed  vertical  or  diagonal  and  the 
inner  thickness  to  be  horizontal,  nailed  with  clinched  nails. 

Doors  shall  be  entirely  covered  with  good  tin  plate  ("1C"  char- 
coal, 109  pounds  to  the  box),  not  over  fourteen  inches  by  twenty 
inches  in  size,  laid  with  locked  joints  covering  nail  heads,  and  all 
vertical  seams  shall  be  double-locked.  No  solder  shall  be  used. 

All  doors  shall  have  hinges,  hangers,  latches  and  chafing  strips 
of  wrought  iron  bolted  to  the  doors,  and  shall  have  steel  tracks 
(when  sliding  doors)  and  wrought  iron  steps  and  binders  bolted 
through  the  wall.  Swinging  doors  shall  have  wall  eyes  of  wrought 
iron  built  into  or  bolted  through  the  wall. 

Where  oil  is  burned,  every  doorway  shall  have  a  masonry  sill 
rising  not  less  than  six  inches  from  the  floor. 

Where  oil  is  burned  the  oil  shall  not  be  fed  to  the  furnace  by  a 
gravity  flow.  It  is  provided  that  the  regulations  in  this  section 
shall  apply  only  to  multiple-dwellings. 

'58.  Every  person  desiring  to  construct  or  alter  a  dwelling  shall 
obtain  a  permit  from  the  Department  of  Buildings  and  Inspections. 

59.  No  tenement  house  or  dwelling  house  shall  at  any  time  be 
altered  so  as  to  be  in  violation  of  any  provisions  of  this  ordinance. 


22  HOUSING   CODE 

CHAPTER  III. 
ALTERATIONS. 

(In  this  chapter  will  be  found  the  provisions  which  must  be  observed 
when  it  is  proposed  to  alter  an  existing  dwelling). 

60.  Percentage  of  Lot  Occupied.     Xo  dwelling,  either  alone  or 
with  other  buildings,  shall  be  increased  in  height  or  its  lot  decreased 
so  that  its  yard  shall  be  diminished  to  less  than  is  required  by  sec- 
tions eleven  to  thirteen  of  this  ordinance,  or  so  that  a  greater  per- 
centage of  the  lot  shall  be  occupied  by  buildings  or  structures  than 
is  provided  for  in  section  eleven  of  this  ordinance. 

61.  Height.     Xo   dwelling  shall   be   increased   in  height   so   that 
said  building  shall  exceed  in  height  the  provisions  of  sections  forty- 
one  and  forty-two  of  this  ordinance. 

62.  Shafts  and  Courts.    Any  shaft  or  court  used  or  intended  to  be 
used  to  light  or  ventilate  rooms  intended  to  be  used  for  living  pur- 
poses,   and    which    may   hereafter    be    placed    in    multiple-dwellings 
erected  prior  to  the  passage  of  this  ordinance,  shall  not  be  less   in 
area  than  twenty-five  square  feet  nor  less  than   four  feet   in  width 
in  any  part,  and  such  shaft  shall  under  no  circumstances  be  roofed 
or  covered  over  at  the  top  with  a  roof  or  skylight.    Every  such  court 
shall  be  provided  with  an  air  intake  as  provided  in  section  nineu-m 
of  this  ordinance. 

63.  Additional  Rooms  and  Halls.     Any  additional  room  or  hall 
that  is  hereafter  constructed  or  created  in  a  dwelling  shall  comply 
in  all   respects  with   the  provisions  of  this  ordinance  applicable  to 
such  houses  to  be  erected  hereafter,  except  that  such  rooms  may  l>e 
the  same  height  as  the  other  rooms  of  the  same  story  of  the  house. 

64.  Lighting  and  Ventilation  of  Rooms  and  Halls.     No  dwelling 
shall  be  so  altered  that  any  room  or  public  hall  or  stairs  shall  have 
its  light  or  ventilation  diminished   in  any  way  not  approved  by  the 
Board  of  Health. 

65.  Alcoves  and  Alcove  Rooms.     Xo  part   of  any  room   in  any 
dwelling  shall   hereafter   be    enclosed    or   subdivided,   wholly   or    in 
part,    by   a   curtain,   portiere,   fixed   or    movable    partition,    or    other 
contrivance   or   device,   unless    such    part    of   the    room    so    enclosed 
or  subdivided,  shall  contain  a  window  as  required  by  section  twenty- 
three  of  this  ordinance,  and  have  a  floor  area  of  not  less  than  one 
hundred  square  feet;  provided,  however,  that  closets  or  alcoves  of 
not  more  than  twenty-five  square  feet  in  area  do  not  come  within  the 
provisions  of  this  section. 

66.  Skylights.     All   new   skylights   hereafter   placed    in   a   public 


CITY    OF    BERKELEY  23- 

hall  in  a  multiple-dwelling  shall  be  provided  with  ridge  ventilators 
having  a  minimum  opening  of  forty  square  inches  and  also  with 
either  fixed  or  movable  louvres  or  with  movable  sashes,  and  shall 
be  of  such  size  as  to  permit  adequate  light  and  ventilation. 

67.  Water   Closet  Accommodations.     Every   new   water   closet 
hereafter  placed  in  a  dwelling,  except  one  provided  to  replace  a  de- 
fective or  antiquated  fixture  in  the  same  location,  shall  comply  with 
the    provisions    of    sections    twenty-seven,    thirty-seven    and    thirty- 
nine  of  this  ordinance,  relative  to  water  closets  in  buildings  here- 
after erected. 

68.  Garbage   Chutes.     No   garbage   chutes  shall  be  constructed, 
maintained   or  used. 

69.  Size  of  Multiple  Dwelling.     No   wooden   multiple-dwelling 
shall  hereafter  be  increased  in  size  so  as  to  contain  more  than  one 
hundred  and  fifty  rooms  exclusive  of  bath  rooms. 

70.  Height   of   Dwelling.     No    existing  wooden   dwelling   shall 
be  increased  in  height  so  as  to  be  more  than  forty  feet  above  the 
ground  at  any  point. 

71.  Height   of   Non-Fireproof   Multiple-Dwelling.     A    non-fire- 
proof multiple-dwelling  may  hereafter  be  altered  to  be  four  stories 
in  height;  provided,  the   exterior  walls  are  all  of  brick  or  stone  or 
concrete,    and    all    other    municipal    requirements    for    this    type    of 
buildings  are  complied  with. 

If  in  addition  to  above  requirements  all  joists,  girders,  studding, 
furring  and  the  soffits  of  stairs  be  lathed  with  metal  lath  and  plas- 
tered, such  dwelling  may  be  built  not  to  exceed  five  stories.  A 
cellar  is  not  a  story  within  the  meaning  of  this  section.  However, 
the  building  may  step  up  or  down  to  follow  the  grade,  provided, 
that  no  part  of  said  building  exceeds  the  number  of  stories  provided 
for  in  this  section,  nor  the  maximum  height  of  such  buildings  as 
prescribed  in  sections  forty-one  and  forty-two  of  this  ordinance. 

72.  Fire  Escapes.    All  fire  escapes  hereafter  constructed  on  any 
multiple-dwelling  shall  be  located  and  constructed  as  prescribed   in 
section  forty-four  of  this  ordinance. 

73.  Roof  Stairs.     No  stairs  leading  to  the  roof  in  any  multiple- 
dwelling  shall  be  removed  or  be  replaced  with  a  ladder. 

74.  Penthouses.     Every    penthouse    hereafter    constructed    in    a 
multiple-dwelling  shall  be  constructed  as  provided  in  section  forty- 
five  of  this  ordinance. 

75.  Stairways.     No  public  hall  or  stairs  in  a  multiple-dwelling 
shall  "be  reduced  in  width  so  as  to  be  less  than  the  minimum  width 
prescribed  in  sections  forty-six  to  forty-nine  of  this  ordinance. 


24  HOUSING   CODE 

76.  Elevator  Shafts.     No  elevator  shaft  shall  be  hereafter  con- 
structed  in  the  stair  well  of  any  non-fireproof  multiple-dwelling. 

77.  Cellars  and  Basements  as  Living  Rooms.     In  no  now  exist- 
ing dwelling  shall  any  room  in  the  cellar  be  used  for  living  purposes, 
or  any  room  in  the  basement  be  constructed,  altered/  converted,  or 
occupied   for   living  purposes   unless    it   be   made  to  conform  to  the 
requirements  of  section  thirty-three   of  this  ordinance. 

78.  Halls  for  Public  Assemblage.     No  multiple-dwelling,  except 
those  of  Class  A  and  Class  B  construction,  shall  be  altered  so  as  to 
provide    therein   a   place   or   hall    for    public   assemblage   above   the 
first  floor. 

79.  Steam  Boilers,  Heating-Furnaces  and  Water-Heating  Appa- 
ratus.    In  multiple-dwellings  all  steam  boilers,  heating  furnaces  and 
water-heating  apparatus,  using  any  fuel  other  than  coal-gas  or  nat- 
ural gas  shall  be  safeguarded  as  provided  in  section  fifty-seven  of 
this   ordinance. 

80.  Permit   to   Alter.     Every   person   desiring   to   construct   or 
alter   a   dwelling   shall    obtain   a   permit    from    the    Department   of 
Buildings  and    Inspections. 


CITY    OF    BERKELEY  25 

CHAPTER  IV. 

MAINTENANCE 

(In  this  chapter  will  be  found  the  provisions  which  an  owner  must 
observe  with  regard  to  the  maintenance  of  a  dwelling). 

81.  Lighting  of  Public  Halls  and  Stairs  by  Day.     In  every  mul- 
tiple-dwelling containing  fifteen   rooms   or  more,   where   the   public 
halls  and  stairs  are  not,  in  the  opinion  of  the  Board  of  Health,  suffi- 
ciently lighted,   the   owner  of   such  house  shall  keep  a  proper   light 
burning  in  the  hallway  near  the  stairs  upon  each  floor  from  sunrise  to 
sunset. 

82.  Lighting   of  Public  Halls   and  Stairs   by  Night.     In    every 
multiple-dwelling  a  proper  light  shall  be  kept  burning  by  the  owner 
in  the  public  hallways,  near  the  stairs,  upon  the  entrance  floor,  and 
upon    the    second    floor   above    the    entrance    floor    of    said    dwelling- 
every  night  from  sunset  to  sunrise  throughout  the  year,  and  upon  all 
other   floors  of  the   said  house  from  sunset  until  ten  o'clock  in  the 
evening. 

83.  Water  Closets  in  Cellars.     No  water  closet  shall  be  main- 
tained in  the  cellar  of  any  multiple-dwelling  without  a  special  permit 
in  writing  from  the  Board  of  Health. 

84.  Water-Closet  Accommodations.     In  every  dwelling  existing 
prior  to  the  passage  of  this  ordinance  there  shall  be  provided  at  least 
one    water-closet    for    every    two    apartments,    groups    or    suites    of 
rooms,    or    fraction    thereof.      Except    that    in   multiple-dwellings    of 
Type  B  there  shall  be  provided  at  least  one  water-closet  for  every 
fifteen  occupants  or  fraction  thereof. 

85.  Water  Supply  in  Multiple-Dwellings.  Every  multiple-dwell- 
ing shall  have  water  supplied  in  sufficient  quantities  at  one  or  more 
places  accessible  to  each  family,  on  at  least  one  of  the  floors  occu- 
pied by  or  intended  to  be  occupied  by  said  family. 

86.  Use  of  Cellar  and  Basement  for  Living  Purposes.    In  no  now 

existing  dwelling  house  shall  any  room  in  the  cellar  be  used  for 
living  purposes,  nor  any  room  in  the  basement  be  constructed,  al- 
tered, converted  or  occupied  for  living  purposes  unless  it  conform 
to  the  provisions  of  section  thirty-three  of  this  ordinance. 

87.  Water   Closets  and  Sinks.     In   all    dwellings    the    floor   and 
wall   surfaces  beneath  and  around  all  water  closets  and  sinks  shall 
be   maintained    in   good   order   and   repair,   and    if   of   wood   shall    be 
kept  well  painted  with  light-colored  paint.     It  shall  be  unlawful  to 
maintain  any  water  closet,  seat  or  urinal  or  any  bath  tub  or  sink  in 


26  HOUSING   CODE 

a  casing  of  wood,  and  where  such  appliances  exist  the  wooden  casing, 
if  any,  shall  be  removed. 

88.  Cellar  Walls  and  Ceilings.    The  cellar  walls  and  ceilings  of 
every  multiple-dwelling  shall  be  thoroughly  whitewashed  or  painted 
a  light  color  by  the  owner,  and  shall  be  so  maintained.     Such  white- 
wash or  paint   shall   be   renewed   whenever  necessary   to   keep   such 
walls  and  ceilings  clean  and  sanitary. 

89.  Cleanliness  of  Building.     The  owner  or  occupant  of  every 
private    dwelling   and    the    owner    of    every    multiple-dwelling   shall 
see  that  such  dwelling  and  every  part  thereof  shall  be  kept  clean 
and   free  from  any  accumulation  of  dirt,  filth  or  garbage  or  other 
matter  in  or  on  the  same,  or  in  .the  yards,  courts,  passages,  areas  or 
alleys  connected  with  or  belonging  to  the  same. 

90.  Repairs.     The  owner  of  every  dwelling  shall  see  that  such 
house  and  all  parts  thereof  shall  be  kept  in  good  order  and  the  roof 
shall  be  kept  so  as  not  to  leak,  and  all  rain  water  shall  be  so  drained 
and  conveyed  therefrom  as  to  prevent  its  dripping  on  the  ground  or 
causing  dampness  in  the  walls  or  ceilings. 

91.  Walls   of   Courts.      In    multiple-dwellings    the    walls   of   all 
yards,  inner  courts,  lot-line  courts  and  shafts,  unless  built  of  light- 
colored    stone    or    brick,    shall    be    thoroughly    whitewashed    by    the 
owner,   lessee   or   tenant,  or   shall   be   painted   a   light   color  and  so 
maintained. 

92.  Walls  and  Ceilings  of  Rooms.     In  all  dwellings  the  Board  of 
Health  may  require  the  walls  and  ceilings  of  every  room  that  does 
not  open  directly  on  the  street  to  be  kalsomined  white  or  painted 
white  when  necessary  to  improve  the  lighting  of  such   rooms,  and 
may  require  this  to  be  renewed  as  often  as  may  be  considered  neces- 
sary by  said    Board. 

94.  Receptacles  for  Ashes,  Garbage  and  Rubbish.     The  owner 
of  every  dwelling  shall  provide  for  said  building  proper  and  suitable 
conveniences  or  receptacles  for  ashes,  rubbish,  garbage,  refuse  and 
other   matter. 

95.  Garbage    Chutes    Unlawful.      No    garbage    chutes    shall    be 
constructed,  maintained  or  used. 

96.  Prohibited   Uses.     No   horse,  cow,  calf,  swine,  goat,   rabbit, 
or  sheep,  chickens  or  other  poultry  shall  be  kept  in  any  dwelling  or 
within  twenty-five  feet  thereof;  and  no  multiple-dwelling  of  Type  A 
or   the   lot   or  premises   thereof   shall   be   used    for   a   lodging  house. 
No  multiple-dwelling  or  the  lot  or  premises  thereof  shall  be  used 
for  the  storage  or  handling  of  rags  or  junk  or  as  a  stable. 

97.  Janitor.     In  any  multiple  dwelling  in  which  the  owner  does 


CITY    OF    BERKELEY  27 

not  reside,  there  shall  be  a  janitor,  housekeeper  or  some  responsible 
person  ,who  shall  reside  in  said  dwelling  and  have  charge  of  same, 
as  the  Board  of  Health  shall  so  require. 

98.  Public  Assembly  Halls.    No  place  of  public  assemblage  shall 
be   constructed,  maintained   or  used   in  any  multiple-dwelling  above 
the  first  floor,  except  of  Class  A  or  Class  B  construction. 

99.  Other  Dangerous  Businesses.     There   shall  be  no   transom, 
window,    door    or    other    opening    from    any    portion    of    a   multiple- 
dwelling  where  paint,  oil,  spirituous  liquors  or  drugs  are  stored  for 
the  purpose  of  sale   or  otherwise,   into  a  hall  or  stairway  used  by 
the  tenants. 

100.  Overcrowded.     If  any  room  in  a  dwelling  is  overcrowded 
the  Board  of  Health  may  order  the  number  of  persons  sleeping  or 
living  in  said  room  to  be  so  reduced  that  there  shall  be  not  less  than 
four  hundred  cubic  feet  of  air  to  each  person  occupying  such  room. 

101.  Combustible  Materials.     No  multiple-dwelling  nor  any  part 
thereof  nor  of  the  lot  upon  which  it  is  situated  shall  be  used  as  a 
place    of   storage    for   any   article   dangerous   or    detrimental    to    life 
or   health,   nor    for    the    storage,    keeping   or   handling   of    feed,   hay. 
straw,  excelsior,  cotton,  paper  stock,  feathers  or  rags  or  other  easily 
combustible  article. 

102.  Bakery  or  Place  Where  Fat  Is  Boiled.     Fireproofing.     No 

bakery,  and  no  place  of  business  in  which  fat  is  boiled  shall  be 
maintained  in  any  multiple-dwelling  which  is  not  fireproof  through- 
out, unless  the  ceilings  and  side  walls  of  said  bakery  or  place  where 
fat  boiling  is  done  are  made  safe  by  fireproof  materials  around  the 
same,  and  there  shall  be  no  openings  either  by  door  or  window,  dumb 
waiter  shafts  or  otherwise,  between  said  bakery  or  said  place  where 
fat  is  boiled  in  any  multiple-dwelling  and  the  other  parts  of  said 
building. 

103.  Fireproofing  Where  Paint,,  Oil,  Spirituous  Liquors  or  Drugs 
Are  Stored.     All  transoms  and  windows  opening  into  halls  from  any 
portion   of   a  multiple-dwelling  where   paint,    oil,    spirituous    liquors 
or  drugs  are  stored   for  the   purpose  of  sale  or  otherwise,  shall  be 
glazed  with   wire  glass  or  they  shall   be  removed  and  closed  up  as 
solidly   as    the    rest    of   the   wall.     And   all    doors    leading   into    such 
hall   from  such  portion   shall  be  made  fireproof. 

104.  Infected  and  Uninhabitable  Houses  to  Be  Vacated.    When- 
ever   a    dwelling,    or   any   part    thereof,    is    infected   with    contagious 
disease,   or    is   unfit    for   human   habitation,    or   dangerous   to    life    or 
health   by   reason   of  want   of   repair,   or   of  defects   in  the  drainage, 
plumbing,    ventilation,    or    of    the    construction    of    the    same,    or    by 
reason  of  the  existence  on  the  premises  of  a  nuisance  likely  to  cause 


28  HOUSING   CODE 

sickness  among  the  occupants  of  said  dwelling,  the  Board  of  Health 
may  issue  an  order  requiring  all  persons  therein  to  vacate  such 
dwelling,  or  part  thereof,  within  not  less  than  twenty-four  hours 
nor  more  than  ten  days,  for  the  reason  to  be  mentioned  in  said  order; 
and  it  shall  thereupon  and  thereafter  be  unlawful  to  occupy  or  per- 
mit the  occupancy  of  such  dwelling  or  part  thereof  until  such  order 
has  been  complied  with.  The  •  Board  of  Health,  whenever  it  is 
satisfied  that  the  danger  from  said  dwelling  or  part  thereof  has 
ceased  to  exist,  or  that  it  is  fit  for  human  habitation,  may  revoke 
said  order,  or  may  extend  the  time  within  which  to  comply  with 
same. 

105.  Scuttles,  Penthouses,  Ladders  and  Stairs.    All  scuttles  and 
pent  houses  and  all  stairs  or  ladders  leading  thereto  shall  be  easily 
accessible  to  all  tenants  of  the  building,  and  kept  free  from  incum- 
brance,   and    ready    for   use   at   all    times.      No   scuttle   and   no    pent 
house  door  shall  at  any  time  be  locked  with  a  key,  but  c-ithcr  may 
be  fastened  on  the  inside  by  movable  bolts  or  hooks. 

106.  Fire-Escapes.    The  owner  of  every  multiple-dwelling  shall 
keep  all  the  fire  escapes  thereon  in  good  order  and  repair,  and  when- 
ever rusty  shall  have  them  properly  painted  with  two  coats  of  paint. 
No   person   shall   at   any   time   place   any    incumbrance   of   any   kind 
before  or  upon  any  such  fire  escape. 

107.  License  to  Be  Obtained.     Kvcry  owner  or  lessee  of  a  mul- 
tiple-dwelling shall  obtain  at  the  beginning  of  each  year  a  license 
from   the    Board   of    Health.     Upon  proper  application   therefor   on 
blanks  provided   by  the    Board   of   Health  and   the  payment   of   the 
Inspection  Fee,  the  Board  of  Health  shall  with  all  reasonable  dis- 
patch proceed  to  an  inspection  .of  the  premises  for  which  a  license 
is  sought  and  if  the  building  and  premises  be  found  to  accord  with 
the  requirements  of  this  ordinance,  the  Board  of  Health  shall  issue 
to  the  owner  or  lessee  making  application  a  license  to  conduct  the 
same  during  the  calendar  year,  or  for  such  portion  of  the  calendar 
year  as  may  remain  after  said  inspection  has  been  completed. 

108.  Fees  for  Inspection.     The  fee  for  the  inspection  provided 
for  in  section  one  hundred  and  seven  of  this  ordinance  shall  be  one 
dollar  for   every   ten   rooms    (other  than   closets,  water-closet   com- 
partments and   bath  .rooms)    in   the   house  or   building  for  which   a 
license   is  sought. 


CITY    OF    BERKELEY  29 

CHAPTER  V. 
IMPR  O  VEMENTS. 

(In  this  chapter  will  be  found  the  provisions  which  an  owner  must 
observe  with  regard  to  the  improvements  required  in  a  dwelling 
erected  prior  to  the  passage  of  this  ordinance). 

109.  Ventilation    of   Public    Halls.      In    all    multiple-dwellings 
erected  prior  to  the  passage  of  this  ordinance,  where  a  skylight  now 
exists   in  a  public  hall  without  sufficient  ventilators  to  furnish  ade- 
quate ventilation,  the  same  shall  have  constructed  therein  movable 
louvres,  or  other  ventilating  device  having  an  effective  ventilating 
area  of  not   less  than  one  hundred  square   inches. 

110.  Water  Closets,  Lavatories  and  Sinks.     In  all  now  existing 
dwellings  the  woodwork  enclosing  all  water  closets,  lavatories  and 
sinks  shall  be  removed   from   (the  front  of)  'said  closets,  lavatories 
and  sinks  and   the  space  underneath  shall  be  left  open.     The  floor 
and  other  surface  beneath  and  around  the  closet  shall  be  maintained 
in  good  order  and  repair  and  if  of  wood  shall  be  kept  well  painted 
with  light  colored  paint. 

111.  Water  Closets  in  Dwelling  Houses.     All  new  water  closets 
hereafter  placed  within  a  dwelling  erected  prior  to  the  passage  of 
this    ordinance,    or    in   a    compartment    contiguous    thereto,    shall    be 
located  and  installed  in  accordance  with  the  requirements  of  section 
thirty-seven    of    this    ordinance.      Where    outside    closets    are    con- 
structed, they  shall  be  in  accordance  with  the  ordinances  and  regu- 
lations of   the   City  relating  to   such  closets. 

112.  Basements  and  Cellars.     The  floor   of  the  cellar  or  base- 
ment   of    every    dwelling    shall    be    free    from    dampness    and,    when 
necessary,  shall  be  concreted  with  three  and  three-fourths  inches  of 
concrete  of  good  quality  and  with  a  finished  surface. 

113.  Drainage.    The  ground  beneath  the  cellar,  basement  or  first 
floor  of  every  dwelling  shall  be  well  drained  and  ventilated.     In  no 
case  shall  water  be  allowed  to  stand  beneath  any  building  used  for 
human  habitation. 

114.  Egress.      Every    multiple-dwelling    exceeding   one    story    in 
height    shall    have    at    least    two    independent    ways    of    egress    con- 
structed and  arranged  as  provided  in  section  forty-three  of  this  ordi- 
nance.    In  the  case  of  multiple-dwellings  erected  prior  to  the  pass- 
age  of  this   ordinance   where   it   is   not  practicable  to   comply  in  all 
respects    with    the    provisions    of    that    section    the    Department    of 
Buildings  and   Inspections  shall  make  such  requirements  as  may  be 
appropriate   to    secure   proper   means   of    egress    from   such   multiple 
dwellings    for    all    the    occupants    thereof.      No    existing   fire    escape 
shall   be   deemed    a   sufficient   means   of   egress   unless   the    following 
conditions   are   complied   with: 


30  HOUSING   CODE 

(1)  All  parts  of  it  shall  be  of  iron,  cement  or  masonry. 

(2)  The    fire    escape    shall    consist    of   outside    balconies    which 
shall  be   properly  conected   with   each   other  by  adequate   stairs   or 
stationary    ladders,    with    openings    not    less    than    twenty-four    by 
twenty-eight   inches. 

(3)  All   fire   escapes   shall   have   proper  drop    ladders   or   stair- 
ways  from  the  lowest  balcony  of  sufficient  length  to  reach  a  safe 
landing  place  beneath. 

(4)  All  fire  escapes  not  on  the  street  shall  have  a  safe  and  ade- 
quate means  of  egress  from  the  yard  or  court  to  the  street  or  alley 
or  to  the  adjoining  premises. 

(5)  Prompt   and   ready  acces   shall   be   had  to  all   fire   escapes, 
which  shall  not  be  obstructed  by  bath-tubs,  water  closets,  sinks  or 
other  fixtures  or  in  any  other  way. 

All  fire  escapes  that  are  already  erected  which  do  not  conform 
to  the  requirements  of  this  section  may  be  altered  by  the  owner 
to  make  them  so  conform  in  lieu  of  providing  new  fire  escapes, 
but  no  existing  fire  escape  shall  be  extended  or  have  its  location 
changed  except  with  the  written  approval  of  the  Department  of 
Buildings  and  Inspections.  All  fire  escapes  hereafter  erected  on  any 
multiple-dwelling  shall  be  located  and  constructed  as  prescribed  in 
section  forty-four  of  this  ordinance. 

115.  Additional  Means  of  Egress.    Whenever  any  multiple-dwell- 
ing is  not  provided  with  sufficient  means  of  egress  in  case  of  fire  the 
Department  of  Buildings  and  Inspections  shall  order  such  additional 
means  of  egress  as  may  be  necessary. 

116.  Roof  Egress;  Scuttles,  Pent-Houses,  Ladders  and  Stairs. 
Every  flat-roofed  multiple-dwelling  exceeding  two  stories  in  height 
erected  prior  to  the  passage  of  this  ordinance  shall  have  in  the  roof 
a    penthouse    or   a    scuttle    which    shall    be    not    less    than    two    feet 
by  three  in  size.     All  such  penthouses  and  scuttles  shall  be  fireproof 
or  covered  on  the  outside   with  metal   and   shall   be   provided  with 
stairs  or  stationary  ladders  leading  thereto  and  easily  accessible  to 
all  occupants  of  the  building.     No  scuttle  or  penthouse  shall  be  lo- 
cated  in  a  room,  but  shall   be   located   in   the  ceiling  of  the  public 
hall  on  the  top  floor,  and  access  through  the  same  to  the  roof  shall 
"be   direct  and  uninterrupted.     When   deemed   necessary  by  the    De- 
partment  of   Buildings  and    Inspections   scuttles   shall   b.e   hinged   so 
as    to    readily    open.      Every    penthouse    in    such    multiple-dwelling 
shall  have  stairs  with  a  guide  or  hand-rail  leading  to  the  roof,  and 
such  stairs  shall  be  kept   free  from   incumbrance  at  all  times.     No 
scuttle  and  no  penthouse  door  shall  at  any  time  be  locked  with  a 
key,   but    either   may   be    fastened   on   the    inside    by   movable   bolts 
or  hooks.    All  key-locks  on  scuttles  and  on  penthouse  doors  shall  be 
removed. 


CITY    OF    BERKELEY  31 

CHAPTER  VI. 

REQUIREMENTS  AND  REMEDIES. 

(In  this  chapter  will  be  found  the  legal  requirements,  penalties  for 
violations  of  the  law,  procedure,  et  cetera). 

117.  Permit  to  Commence  Building.  Before  the  construction  or 
alteration  of  a  dwelling  or  the  alteration  or  conversion  of  a  build- 
ing for  use  as  a  dwelling  or  any  improvement  involving  structural 
changes  in  any  dwelling  is  commenced,  and  before  the  construction 
or  alteration  of  any  building  or  structure  on  the  same  lot  with  a 
dwelling,  the  owner,  or  his  agent  or  architect,  shall  submit  to  the 
Department  of  Buildings  and  Inspection  a  detailed  statement  in 
writing,  setting  forth  the  specifications  for  such  dwelling,  upon 
blanks  or  forms  to  be  furnished  by  such  department,  and  also  full  and 
complete  indelible  copies  of  the  plans  for  such  work,  together  with 
a  plan  of  the  lot  on  which  the  same  is  or  is  to  be  situated,  showing 
the  location,  character  and  size  of  all  buildings  thereon,  and  the  exact 
dimensions  of  said  lot,  together  with  its  legal  description.  Provided 
that  the  plans  and  specifications  for  a  dwelling  costing  less  than 
two  thousand  dollars  need  be  only  such  as  will  advise  the  building 
department  of  the  character  of  the  proposed  building,  the  sufficiency 
of  such  plans  and  specifications  to  be  determined  by  said  Department. 
Such  statement  shall  give  in  full  the  name  and  residence,  by  street 
and  number,  of  the  owner  or  owners  of  such  house  or  building.  If 
such  construction,  alteration,  conversion  or  improvement  is  proposed 
to  be  made  by  any  other  person  than  the  owner  of  the  land  in  fee, 
such  statement  shall  contain  the  full  name  and  residence,  by  street 
and  number,  not  only  of  the  owner  of  the  land,  but  of  every  person, 
interested  in  such  dwelling.  All  matters  required  to  be  filed 
therewith,  as  herein  provided,  shall  be  verified  by  the  affidavit  of 
the  person  making  the  same. 

The  statement  and  affidavits  herein  provided  for  may  be  made  by 
the  owner,  or  by  his  agent.  No  person,  however,  shall  be  recognized 
as  the  a'gent  of  the  owner,  unless  he  shall  file  with  the  said  department 
a  written  instrument,  signed  by  such  owner  wherein  said  owner 
designates  said  person  as  his  agent  and  agrees  to  be  bound  by  and 
be  responsible  for  the  statements  and  acts  of  said  agent.  The  Build- 
ing Inspector  shall  cause  all  such  plans  and  specifications  to  be  ex- 
amined. If  such  plans  and  specifications  conform  to  all  the  pro- 
visions of  this  ordinance  and  all  other  ordinances  relating  to  build- 
ings, they  shall  be  approved  by  the  Department  of  Buildings  and  In- 
spections and  a  permit  issued  as  provided  by  the  ordinance  relating 
to  buildings,  and  the  plans,  specifications  and  statements  shall  be 
filed  in  the  office  of  the  Department  and  be  retained  as  part  of  its 
permanent  records.  'The  Building  Inspector  may,  from  time  to 


32  HOUSING   CODE 

time,  approve  changes  in  any  plans  and  specifications  previously 
approved  by  him,  provided  the  plans  and  specifications  when  so 
changed  shall  be  in  conformity  with  the  law  and  ordinances.  The 
construction,  alteration,  conversion  or  improvement  of  such  dwell- 
ing, building  or  structure  or  any  part  thereof,  shall  not  be  com- 
menced until  after  the  filing  of  such  specifications,  plans  and  state- 
ments, and  the  issuance  of  the  permit  as  herein  provided.  The  con- 
struction, alteration,  conversion  or  improvement  of  such  house, 
building  or  structure  shall  be  in  accordance  with  such  approved 
specifications  and  plans.  Any  permit  or  approval  which  may  be 
issued  by  the  Department  of  Buildings  and  Inspections,  but  under 
which  no  work  has  been  done  above  the  foundation  walls  within 
three  months  from  the  time  of  the  issuance  of  such  permit  or  appro- 
val, shall  expire  by  limitation,  but  may  be  renewed  without  cost  for 
a  further  period  of  three  months.  Such  permit  shall  be  subject  to 
revocation,  as  provided  in  said  ordinances  relating  to  buildings. 
When  a  plan  of  the  lot  for  any  dwelling  has  been  furnished  to  the 
Building  Inspector,  as  herein  provided,  no  part  of  such  lot  shall 
ever  afterward  be  included  in  the  plan  of  any  other  lot  so  furnished 
to  the  Building  Inspector  unless  the  remainder  left  of  the  original 
lot  be  sufficient  to  conform  to  all  the  requirements  of  sections  eleven 
and  thirteen  of  this  ordinance.  And  no  part  of  any  lot  of  which  the 
plan  has  been  furnished  to  the  Building  Inspector,  as  herein  provided, 
shall  ever  be  built  upon  otherwise  than  as  shown  by  such  original 
plan,  except  so  that  the  remainder  .of  the  lot  not  covered  by  such 
later  building  or  buildings  shall  always  be  suffiicent  to  conform  to 
all  the  requirements  of  this  ordinance. 

118.  Certificates    of    Compliance.      Xo    building   hereafter    con- 
structed as  or  altered   into  a  dwelling  shall   be   occupied   in   whole 
or  in  part  for  human  habitation  until  the  issuance  by  the  Building 
Inspector  of  a  certificate  countersigned  by  the  Board  of  Health  that 
said  building  conforms   in  all   respects  to  the  requirements   of  this 
ordinance.     Such   certificates  shall   be   issued   within   ten   days  after 
written   application   therefor,    if   said    building  at   the   date   of   such 
application  shall  be  entitled  thereto. 

119.  Unlawful   Occupation.     When   any   dwelling  or   the   lot   on 
which  it  is  situated  or  any  building  on  the  same  lot  therewith  fails 
to   comply   with   any   of   the   provisions   of   this   ordinance   as   to    its 
erection,    alteration,    maintenance    and    improvement,    such    dwelling 
or   multiple-dwelling   shall    not   be   used    for   human    habitation,    and 
any  person  who  shall  occupy,  or  who  shall  permit  or  cause  any  per- 
son to  occupy  any  dwelling,  or  any  part  thereof,  in  violation  of  any  of 
the  provisions  hereof,  or  while  such  dwelling,  lot  or  building,  or  any 
part  thereof,  remains  in  violation  of  this  ordinance,  shall  be  deemed 
guilty  of  a  violation  of  this  ordinance,  and  every  day's  continuance 
of  such   violation   shall   be   deemed   a   separate   offence. 


CITY   OF   BERKELEY  33 

120.  Registry  of  Owner's  Name.     Every  owner  of  a   multiple- 
dwelling  of  Type  A  and  every  lessee  of  the  whole  dwelling,  or  other 
person   having  control   of   said   dwelling   shall    within   three   months 
after  the  passage  of  this  ordinance,  file  with  the  Board  of  Health  a 
notice  containing  his  name  and  address,  and  also  a  description  of  the 
property,  by  street  number  and  by  legal  description,  giving  the  num- 
ber of  the   lot   and   block,   in   such  manner   as   will   enable   the   said 
Board  easily  to  find  the  same;  and  also  the  number  of  apartments 
in  each  house,  the  number  of  rooms  in  each  apartment,  and  the  num- 
ber  of   families   occupying  the   apartments;   and   the    failure   to   file 
such   notice   shall   be   deemed   a   misdemeanor  and  be  punishable   as 
provided  in  section  one  hundred  and  twenty-three  of  this  ordinance. 

121.  Registry   of  Agent's  Name.     Every   owner   or   lessee    of  a 
multiple-dwelling  shall  file  with  the   Board  of  Health  a  notice  con- 
taining his   own  name  and  address  or  the  name  and  address  of  an 
agent  of  such  dwelling,  for  the  purpose  of  receiving  service  of  notice 
or   other  process   and  also   a   description   of   the   property   by  street 
number   in  such   manner  as  will   enable   the   Board   of   Health   easily 
to  find  the  same. 

122.  Service  of  Notice  and  Orders.       Every  notice  or  order  in 
relation  to  a  dwelling-  shall  be  served  five  days  before  the  time  for 
doing  the  thing  in  relation  to  which  it  shall  have  been  issued.     Such 
service  shall  be  upon  the  person,  if  any,  whose  name  has  been  filed 
with    the    Board    of    Health    in    accordance    with    the    provisions    of 
section  one  hundred  and  twenty-one  of  this  ordinance  and  if  no  such 
name    has   been    filed,    then    such    service    shall    be    upon    the    owner, 
agent  or  other  person  or  persons  having  control  of  such  dwelling. 

123.  Penalties  for  Violation.    Any  owner,  agent,  manager,  tenant, 
lessee  or  occupant  of  any  tenement  house  or  dwelling  house,  or  any 
architect,  contractor,  builder  or  foreman,  violating,  disobeying,  neg- 
lecting  or   refusing    to   comply   with   any   of   the    provisions    of   this 
ordinance,  shall  be  fined  not  less  than  five  ($5.00)  dollars,  nor  more 
than    two   hundred    ($200.00)    dollars,   for   the    first   offence,   and   shall 
be  fined  not  less  than  twenty-five  ($25.00)  dollars  nor  more  than  five 
hundred  ($500.00)   dollars,  for  a  second  and  each  subsequent  offence  ; 
and  any  violation   of   any  provision  of   this   ordinance,   if   continued 
after  prosecution   is  begun,   shall   be   deemed  a   separate  offence   for 
each   day   such  violation   is   continued. 

124.  Ordinances  Repealed.     All    ordinances   and   parts   of   ordi- 
nances, so  far  as  inconsistent  with  the  provesions  of  this  ordinance, 
are   hereby   repealed. 

125.  When    to    Take   Effect.     This    ordinance    shall    take    effect 
and  be   in   force   from  and  after   thirty  days  after   its   final  passage. 

In  effect  July  1,  1915. 


UNIVERSITY  OF  CALIFORNIA  LIBRARY 
BERKELEY 

Return  to  desk  from  which  borrowed. 
This  book  is  DUE  on  the  last  date  stamped  below. 


MAR   24  1948 


MAR  25  1948 


JCTO  1199* 


LBUTODI; 


Jib  21 '64 -10  AM 
JUN  I   1948     [  AU6    1 19697 1 

9^52V'C  RECEIVED 

JUL  29*69 -IP 

LOAN    I 


PEB2070-2Pn 


SEP  04  "94 


LD  21-100m-9,'47(A5702sl6)476 


UNIVERSITY  OF  CALIFORNIA  LIBRARY 


U.C.BERKELEY  LIBRARIES 


